Fendy -v- Yorky Bank.

[Fendyweather]

Re: Fendy -v- Yorky Bank.

Filing at court Monday morning 7th Jan wiith CCI thanks to POC from Kafka. Thanks Kafka. Im at least trying............. cant do anymore than that.

Fendy xxxxxxxxxxxxxxx

[Fendyweather]

Re: Fendy -v- Yorky Bank.

Well thats it, I did it. I have just left Keighley court, approximately £418 squid lighter than I was this morning. The cost for filing three claims this morning. Yorkshire Bank, Natwest Claim 2 and Abbey Claim 2, all with CCI, yaaaaaaaaaaaaaaaay, go me, go me, go me.......... Its done, the ball is now in motion....................... Yippeeeeee, although a bit skint now from my monthly budget (savings still tucked away safely, not breaking into them), but I feel fantastic cos things are moving again. New Year, new start again.............. with much gusto and enthusiasm for the process, but am gonna need cart loads of help with arguing the CCI no doubt, but flippin eck, those POC from Kafka for CCI are amazing. The lady at court said, Did you do these yourself,,,,,,,,,,,,,,,,,,,, I just laughed and said, course not, Im not that clever, she was lovely and laughed..... Lol xxxxxxx

Will keep popping in peepies between the whirlwind of everything else that is my life at the moment, it all keeps whirring.......... to update you all how its going. Charges are from April 97 to March 1998 which is when I closed the account.

TOTAL CHARGES £911.50
CCI ELEMENT £2319.27
S.69 interest at 8% £744.79
COURT FILING FEE £108.00

TOTAL CLAIM IN ALL £3338.77. Yaaaaaaaaaaaaaay.

THERE IS NO WORSE ACTION THAN INACTION. YAAAAAAAAAAY XXX Thanks for the encouragement yet again Nattie, Tools, everybody. Remember, stay positive no matter what they chuck at ya.................... its simply a waiting game, nothing more......................... all the other cards are stacked on our side. xxxxxxxxxxxxxxxxxx be positive of mind, body and soul and things will be fine. Well thats what Im telling myself anyway,and to be honest Ive always loved New Year. It always fills me with such hope for new challenges. Its the best time to file these claims I think, New Year, New Challenge, New focus. Yaaaaaaaaaaaaaaaay xxxxxx And I got a new dowgeeeeeeee, another black labby, Hes 12 weeks old and called Homer............... so two lovely black labby dowgeeeeees. Yaaaaaaaaaaaaaay xxxx I love dem dowgeeeeeees. xxxx

[Tools]

Re: Fendy -v- Yorky Bank.

Hi Fendy

Thanks for the update , go get em.

Not 100% positive myself on the CCI angle , but if you are confident enough then go for it. If it does come to it you can always accept at the rate of 8% , nothing ventured nothing gained i suppose .

Jules

[Fendyweather]

Re: Fendy -v- Yorky Bank.

Yeppo Tools thats what I thought. If I turn chicken at any point, i.e. cant get dumb blonde head around CCI then I can always cave in and as a gesture of goodwill towards the dumb bank I could agree to accept 8% instead of the full CCI, and Im sure Mr Judgey pants would see that as me being nice and conciliatory to the bank too, so either way, I come out looking better than they do. Yaaaaaaaaaaaay, but if I can, Im gonna try and argue the CCI case if I can. Just depends if I get to feeling out of my depth at any point. Yaaaaaaaaaaaaay. Im happy Ive actually filed it though for now. At least its some kind of positive action instead of sitting on the fence.......... I wanted to wait till new year till the OFT case was a bit nearer hence why I waited so long................ but thanks for all the encouragement Tools. Its very very very much appreciated.

Fendy xxxxxxxxxxx

[Fendyweather]

Re: Fendy -v- Yorky Bank.

Tis a good job court returned my N1's then this week with errors on isnt it, Lol Lol. Somebody up there is looking out for me I think. On the N1's I put my name as my name with my middle name as an initial, and apparently that isnt allowed. The court has returned my cheque of £418.00 for filing all three claims with all the forms and spreadies stating I have to fill in my full name on N1, and not an initial for my middle name. So more work involved in reprinting everything off but it means now I can amend the claim to take off the 8% seeing as I cant go for both. A mistake Im sure I would have regretted had court not returned these papers to me this week. Thanks peeps for the advice. I didnt think I could, but I thought I had better show it on the N1 in case judge doesnt award me CCI and ends up awarding me 8% instead. I thought it best to show how much it was just in case. And I now obviously need to look up this SEMPRA thingy........................if I need to quote it on N1 to claim CCI, anybody any ideas where I find out about it and why I need to show it on the N1. ?? pointers anybody ??? Thanks once again for all the support from everybody. It really helps. Fendy xxxxx Just got to refile again this next week now.

[Fendyweather]

Re: Fendy -v- Yorky Bank.

Right, bit of a back track on this claim Im afraid peeps. Ive been reading reading reading up everything I can find everywhere about contractual interest, and I have to confess Ive bottled it. Furthermore, hubby had a barney with me over something trivial a couple of weeks ago and jumped on my laptop and thus I have lost all my spreadies, letters, files, work, everything, including a book I had started to write, everything gone, gone, gone. Anyway, cutting a long long story short, I have now forgiven him cos hes bought me shiny new laptop and a great big apology, but sadly I am going to have to work from my hard copies of spreadies on all three claims, Abbey, Natwest and Yorkshire to get all the info and spreadies together again and retyped up on shiny new laptop. So I have my work cut out this week in redoing all three claims, but after reading up muchly muchly moo on the CCI elements, I realise, Im not Einstein, and Im not going to get caught out by any Judge who tries to baffle me with science, and take advantage of my not getting my head around the arguments, I know what to say if challenged, but it depends how in depth he would want to go on my argument, and I feel strongly I would lose and get tongue tied, so Im going to stick to standard 8% interest on all three claims. Its a big loss to me, i.e. halves the three claims approx. but the way I see it, GREED IS THE DOWNFALL OF MANY A MAN, so Im being kind, and simple, and sticking to a tried and tested formula of what I know. So gonna do bog standard 8% when I refile at court this week, hopefully Friday I think. I should have managed to redo all the spreadies by then I think, and before anybody asks, yes hubby is forgiven for jumping on old laptop because life is simply too short to sulk forever. I cant do with a sulker. Best to smile sweetly, forgive and chalk that one up to throw back at a later date if ever hes having a stonk about something. Lol Lol Lol xxxxx Fendy xxxxxxxxxxxxx

[Fendyweather]

Re: Fendy -v- Yorky Bank.

I know deep down Im doing the right thing. No point starting CCI if I dont fully understand it. I think I will only let myself down if backed into a corner on that one. Well at least good news is Ive finished redoing all three spreadies again, Natwest, Abbey and Yorksy Bank, on the shiny new laptop after hubby jumped on old one and destroyed all my files. Um................................. so a productive week after all. All ready to take back to court and file again on Friday, all three, ouch, another sum of spondoolies to hand over to file. Yippeeeeeee, but at least everything back on track again and filed and started. Yaaaaaaaaaaaay. OH HAPPY DAY. !!!!! Fendy xx

[Fendyweather]

Re: Fendy -v- Yorky Bank.

Still not filed....................... as all three of my claims are for charges are for well over 6 years ago or just over 6 years ago, dont see the point in filing yet till decision out from court on the OFT case. Cos I will have wasted my filing fees if it turns out I cant go back over 6 years after all. And I dont wanna do that. Silly me...................................... so I just wait for now. Spreadies and POCs all done and ready just sat in file waiting outcome of decision on OFT case. C'est la vie, the wait goes on. On a lighter note, flying out to France next Wednesday 12th March to finally complete on the purchase of the holiday home in the Charente Maritime area. Yaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaay, all my spondoolies, bank winnings now gone, but on a very very worthy cause, A HOLIDAY HOME IN THE SUN. Yaaaaaaaaaaaaaaay xxxxx
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[Tools]

Re: Fendy -v- Yorky Bank.

Thanks for the update Fendy.

I`m a lot happier knowing you have taken advice and decided against the CCI route. For bank charges claims I would always recommend statuatory 8% and nothing more. Even 8% is at the discretion of the Judge.

A lot of people do the spreadsheet and then see the £££££££££££££££ signs when they have done a Contractual Interest spreadsheet, let alone a Compounded Contractual Interest one.

CI belongs to credit card claims etc and even then only use them (or any other arguement/caselaw) if you have fully researched the reasons for quoting them.

ALWAYS assume that you may just end up in front of the Judge putting your case forward, that way there will be no surprises and no wasted effort.

Good luck with the new place in France and keep us up to date with the claims.